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Poster: davidbarfield Date: Feb 4, 2006 6:27am
Forum: etree Subject: Re: Legality of posting live shows with cover songs

i did not get the sense that you were telling anyone what to do.

once you are done talking to your lawyers, would you post what (in synopsis form) they said? i've been kicking this around with a friend (laywer-scum) of mine for years--we've never been able to find any cases/suits that speak to this issue directly. of course we both have other things to do, so we're not on the case/s on a day to day basis. the only thing we've got to go on, is interpreting the copyright statute. but of course, cases that have been heard are different than assumptions about how those cases would go, yes?

i'm under the working assumption that as the artist who performed the cover, you are the only one who can tell archive to take it down. wondering if that's right or not...?

curious if you are a taper friendly band? say if i were to record you -- and you played a few covers ... would you tell me to only upload your songs? or do you think that because the upoad comes from you, you bear more responsibility? because it's a sbd rather than an open air mic recording? is there a difference (aside from the obvious fact that mine's gonna sound a hell of a lot better... ; ) ? dunno for sure -- i have my leanings though....





This post was modified by davidbarfield on 2006-02-04 14:27:31

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Poster: Administrator, Curator, or Staffgreenone Date: Feb 4, 2006 12:16pm
Forum: etree Subject: Re: Legality of posting live shows with cover songs

i'm under the working assumption that as the artist who performed the cover, you are the only one who can tell archive to take it down. wondering if that's right or not...?

I have a hard time believing that the original author of the song would have no legal say over whether a cover of his or her song could be taken down from this site. However, my hunch is that if either the performer OR the author asked the LMA, they'd take it down out of courtesy.

I'd actually be interested in what the lawyer-types have to say about this, too. Well, check that - I'm interested only if it's good news. If it's not, I don't want to hear it. ;)

--Dave

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Poster: davidbarfield Date: Feb 4, 2006 1:39pm
Forum: etree Subject: Re: Legality of posting live shows with cover songs

"I have a hard time believing that the original author of the song would have no legal say over whether a cover of his or her song could be taken down from this site. However, my hunch is that if either the performer OR the author asked the LMA, they'd take it down out of courtesy."

it's acutally the publisher of the said song. they've been paid already--by the venue the song was playing in, and by whatever membership/s the covering artist has paid in dues to ascap or associations (i think this is right).

if a performer did not want a song they played to be hosted here, that's their right regardless of their reasoning. if the estate of buddy holly (or whoever holds the publishing rights) asked LMA to delete every n.f.a. that appears on this site, and LMA honored the demand, it would be because that is the culture of this site, not a legal authority. good thing i don't run such a site, 'cause if i did, and such a thing happened, i'd say: so sue me!

someone trying to delete songs under such circumstances would have a claim if this site was a pay-for-membership org. or like itunes music store or another similar commercial enterprise. and the site/company was refusing to pay royalties--kinda hard to imagine a scenario like that though.

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Poster: Administrator, Curator, or Staffgreenone Date: Feb 5, 2006 3:16am
Forum: etree Subject: Re: Legality of posting live shows with cover songs

it's acutally the publisher of the said song. they've been paid already--by the venue the song was playing in, and by whatever membership/s the covering artist has paid in dues to ascap or associations (i think this is right).

My bad, that's what I meant - publisher, not author. Still, like you said, I think if anyone with any kind of association with the song (author, publisher, artist, performer, etc.) asked, the LMA would likely take it down.

someone trying to delete songs under such circumstances would have a claim if this site was a pay-for-membership org. or like itunes music store or another similar commercial enterprise.

I'm not so sure about that. One of the links above says that even if you're giving away the song for free, you need a mechanical license or some sort of agreement with the author/publisher if the song is not yours to begin with. Likely because free downloads is pretty hard competition for pay-per-download!

Of course, all typical disclaimers apply. I'm not a lawyer, I just know enough to be dangerous. Time for another sip from the Pierian Spring... ;)

--Dave

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Poster: midnight sun Date: Feb 5, 2006 8:39am
Forum: etree Subject: Re: Legality of posting live shows with cover songs

"...so sue me..." ?

My ISP charges me $10.00 a gig for anything over 10 gigs I d/l and u/l a month. They hide behind the fact they have a monopoly in this part of the world (so far) and people don't have the time or money to fight their ignorance.
Courtesy is a word these people are not FAMILIar with.

When someone says "so sue me..." I say they're a person not worth knowing.

This post was modified by midnight sun on 2006-02-05 16:39:53

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Poster: davidbarfield Date: Feb 8, 2006 1:34am
Forum: etree Subject: Re: Legality of posting live shows with cover songs

"Courtesy is a word these people are not FAMILIar with.
When someone says "so sue me..." I say they're a person not worth knowing."

verizon? huh? your isp? wha?
sorry lost ya. but if the refence was > my way, that's cool because it's likely that we've never met. so we're all set.

but instead of scheit-kicking around here for an argument, perhaps you can pick up and move to philly? they've got free wireless -- city-wide from what i hear.


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